Recently, we have seen claims against our members that are pleaded under Part 7 of the Civil Procedure where they do not set out the concise statement of the nature of the claim, and in some cases, fail to specify the remedy in which the Claimant seeks. Often a claim for money fails to specify any interest provision whether under statute or contract.
CPR 16.2 requires the claim form to:
(a) contain a concise statement of the nature of the claim
(b) specify the remedy which the Claimant seeks
(c) contain a statement of the value of the claim
(d) contain a statement of interest accrued on that sum, where the only claim is for a specified sum
In accordance with CPR 16.4, the particulars of claim must:
a) provide a concise statement of the facts on which the claimant relies
b) if the Claimant is seeking interest, a statement to that effect
In accordance with the rule, if interest is being sought then you must state whether that is under the terms of a contract, under an enactment, if so which one, or on some other basis.
We love to defend claims for our members where the other side has breached the above.
Conversely, our expertise also helps our members not to fall foul themselves when they want to make a claim against a third party.
The key wording in the rules is to provide a concise statement of the facts, which should not be fanciful or misleading. If you are claiming any interest provision, under a contract of sale, for example, then ensure it is thoroughly set out and pleaded in your case. If you do not plead this and seek to rely upon it later, then you will require the court’s permission to amend your statement of case, which can prove expensive.
A poorly prepared or non-compliant claim could result in the case being thrown out and/or not everything being awarded to you. So, if you want to issue a claim against another party, we strongly suggest the matter is passed to our specialist litigation team to draft on your behalf, because if you don’t plead it or don’t plead it right, you may not get it.
Octane Finance is the broker of choice for new and used car dealers nationwide. With our uncompromising service levels and our genuine and professional approach, you and your customers can trust us to deliver.
